My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2022-133A
CBCC
>
Official Documents
>
2020's
>
2022
>
2022-133A
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
6/13/2023 9:29:59 AM
Creation date
6/13/2023 9:28:42 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Easement
Approved Date
07/12/2022
Control Number
2022-133A
Agenda Item Number
8.K.
Entity Name
TIGR Acquisitions III, LLC
Subject
Easement Agreement for 1725 17th Avenue
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
14
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
BKt 3558 PG: 1776 <br />IF <br />Datapath Easement. Thereafter, the Springing Easement shall be a part of and included in all references <br />to the Easement. In the event the Recorded Datapath Easement is terminated, then Grantee shall <br />maintain the Springing Easement (or use commercially reasonable efforts to enforce the obligation of <br />the Collocator under any Collocator's lease that requires such Collocator to maintain the Springing <br />Easement.) Grantor shall permit Grantee, each Collocator, and any of their affiliates, customers, <br />tenants, subtenants, lessees, sublessees, licensees, successors and/or assigns together with any of the <br />employees, contractors, consultants, and or agents of the foregoing to use the Easement for the <br />installation, construction, operation, maintenance, repair, modification, relocation, replacement and <br />removal of improvements and equipment, including, without limitation, equipment shelters and/or <br />cabinets and related cables and utility lines and a location based system, coaxial cable, base units and <br />other associated equipment (`Equipment") necessary for the facilitation of telecommunications, radio <br />and television broadcasting and other related uses ("Permitted Use"). Grantor represents that there is <br />no pending or threatened action that would adversely affect Grantor's ability to enter into this <br />Agreement or grant the Easement and that entering into this Agreement will not violate or conflict with <br />any provision of Grantor's organizational documents (if Grantor is an organization) or conflict with the <br />provisions of any agreement to which Grantor is a party. Grantor further represents and warrants that <br />Grantee shall have peaceful and quiet possession and enjoyment of the Easement during the term of <br />this Agreement without any disturbance of Grantee's possession or Permitted Use hereunder. <br />3. Term. Commencing on the Effective Date, the term of this Agreement and the Easement shall be for a <br />term of fifteen (15) years and this Agreement and the Easement shall terminate on <br />Tuly 21 2037 (the "Term"). Upon notice to Grantor as provided herein, Grantee <br />may surrender the Easement to Grantor and execute such documents reasonably required to terminate <br />the Agreement and the Easement. Grantor may not unilaterally terminate the Agreement or Easement. <br />Sections 11 and 12 shall survive expiration or termination of this Agreement and shall remain in effect <br />in perpetuity, subject to applicable law. <br />4. Right of Collocation. Pursuant to this Agreement, Grantee is permitted and authorized to enter into <br />Collocation Agreements with one or more additional Collocators within the Easement. Except as <br />provided herein, Grantee agrees to assume all of lessor's rights and obligations under each Collocation <br />Agreement. If Collocator is obligated under each Collocation Agreement to pay to Grantor any fees <br />(other than base rent and any escalations thereto) for the purpose of utility service or access or tax <br />reimbursement, Grantor shall continue to be entitled to such fees, although Grantee may collect and <br />distribute same to Grantor. Grantor shall continue to perform all obligations of the lessor under each <br />Collocation Agreement which relate to the use, ownership, and maintenance of the Parent Property so <br />that Grantee may fulfill all the obligations under each Collocation Agreement without breaching any <br />provision therein, including, but not limited to, Grantor maintaining the Parent Property in a <br />commercially reasonable condition to allow the Permitted Use of the Easement. Notwithstanding the <br />foregoing, Grantor shall not be required to make any improvements to the Parent Property and the <br />Parent Property is acknowledge by both parties to be in a commercially reasonable condition to allow <br />the Permitted Use of the Easement as of the Effective Date. <br />5. Collocation Rent Sharing. When a Collocator executes a lease for space within the Easement and <br />commences rent payment, Grantee will collect such rent with Grantee retaining fifty percent (50%) of <br />the rent collected and Grantee remitting fifty percent (50%) of the rent collected to Grantor. Grantor <br />shall have the right to review and approve construction plans for each Collocator prior to <br />commencement of construction and such approval shall not be unreasonably conditioned, delayed or <br />withheld and such approval shall be without further compensation to Grantor. Approval shall be <br />deemed given by Grantor where Grantor has failed to respond within one hundred twenty (120) days <br />of notice as provided herein. <br />Asset File N: TwPA0036305 Page 2 of 14 <br />
The URL can be used to link to this page
Your browser does not support the video tag.